Motorola i50sx User Manual page 150

Customer violation of any statutes, ordinances or laws of any local, state, or federal public
authority. The terms of this Section 14 will survive any termination or expiration of this
Agreement
15. RESOLUTION OF DISPUTES -. PLEASE READ THIS SECTION CAREFULLY.
IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR
RESOLUTION OF MOST DISPUTES THROUGH ARBITRATION INSTEAD OF
COURT TRIALS AND CLASS ACTIONS. ARBITRATION IS FINAL AND BINDING
AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT. THIS
ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OR EXPIRATION OF
THIS AGREEMENT.
A. ARBITRATION PROCEDURES. YOU MUST FIRST PRESENT ANY
CLAIM OR DISPUTE TO US BY CONTACTING BOOST MOBILE
CUSTOMER CARE, IN WRITING, TO ALLOW US THE OPPURTUNITY TO
RESOLVE THE DISPUTE. You may invoke arbitration if your claim or dispute is
not resolved within 60 days after we receive your detailed written description of the
dispute or claim and the circumstances giving rise to it. The arbitration of any
dispute or claim shall be conducted in accordance with the Wireless Industry
Arbitration rules ("WIA Rules") of the American Arbitration Association ("AAA"),
as modified by this Agreement. You and we agree that this Agreement evidences a
transaction in interstate commerce and the arbitration will be interpreted and
enforced in accordance with the WIA Rules and the laws of the Commonwealth of
Virginia. The arbitration will be conducted at a location in Reston, Virginia, to be
designated by the Company.
B. COST OF ARBITRATION. All administrative fees and expenses of an
Arbitration will be divided equally between you and Company. In all arbitrations,
each party will bear the expense of its own counsel, experts, witnesses and
preparation and presentation of evidence at the arbitration.
C. WAIVER OF PUNITIVE DAMAGE CLAIMS AND CLASS ACTION. By this
Agreement, both Customer and Company are waiving certain rights to litigate
disputes in court. If for any reason the arbitration clause is deemed inapplicable or
invalid, Customer and Company both waive, to the fullest extent allowed by law,
any right we might otherwise have to recover punitive or exemplary damages and
any right to pursue any claims on a class or consolidated basis or in a representative
capacity.
16. COMPLETE AGREEMENT/SEVERABILITY/WAIVER – This Agreement sets
forth all of the agreements between the parties concerning the Services and purchase of
the Equipment, and there are no oral or written agreements between them other than as set
forth in this Agreement. No amendment or addition to this Agreement shall be binding
upon this Company unless it is in writing and signed by both parties (and, in the case of
the Company, by an officer of the Company). Should any provision of this Agreement be
found illegal or in contravention of the law, such provision shall be considered null and
void but the remainder of this Agreement shall not be affected thereby. The failure of
Company, at any time to require the performance by Customer of the provisions of this
Agreement shall not affect in any way the right to require such performances at any later
time, nor shall the waiver by Company of a breach of any provision hereof be taken or
held to be a waiver of compliance with or breach of any other provision or a continuing
waiver of such provision.
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